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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44874
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Sorry to ask but I feel really important issue re Deduction

Customer Question

Hi sorry to ask but I feel really important issue re Deduction of money from salary issue.
I work for a coach company in the UK & so the issue is as follows, the company has Given an ADVANCE OF EXPENCES FOR WHICH ONLY ONE OF 2 drivers have signed for, on a two driver tour of London there is now questions being asked in relation to the EXPENCES claimed for. The company has been advised the driver who signed for the EXPENCES took full control of all payments & recording of the EXPENCES too which he submitted & signed the EXPENCES form supplied by the company, The company wants to hold the other driver accountable for any expences that have not been correctly accounted for & has stated they will deduct 50% of any money used or unaccounted for from his salary. So my question is as only one driver signed for the ADVANCE EXPENCES can the hold the other equally accountable if the driver who signed for the expences has claimed incorrectly / inaccurately? Can they deduct money from the other drivers Salary legally?
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Is there a contract in place which says that such deductions can be made?
Customer: replied 1 year ago.
No nothing in contract of employment States deducting expenses given & signed for by another driver will be deducted from my salary if he fails to account for them correctly only if I done account for what I have signed for.
Thank you
Expert:  Ben Jones replied 1 year ago.
In this case, this potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.
Under law, an employer can only make deductions from, or withhold an employee’s wages in the following circumstances:
• If it is legally allowed (e.g. to deduct tax);
• If it is to recover an earlier overpayment of wages made by the employer;
• If their contract specifically allows for the deductions to be made; or
• If the employee has given their explicit written agreement for the deductions to be made.
If none of the above exemptions apply, the deductions will most likely be unlawful. In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.
If the employer does not return the money as requested, the following options are available:
1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you

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